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Charged with DUI and my lawyer is not obtaining evidence, what are my options??

Howell, MI |

I was charged with DUI after blowing a .09 in February in a county where I have no contacts and had a difficult time getting a reference for a good attorney. Nevertheless, the attorney I have chosen just would like me to plead to the Impaired and hasn't seemed to concerned with viewing the evidence. First pre-trial he requested the videotape, he still hasn't received it and I had another court date for jury selection so he then had me plead impaired with a contingency of the videotape. Now my sentencing date is in 3 weeks and he is saying we may never receive the tape - I have a problem with the fact that the state does not have to show this evidence and believe my attorney needs to look at it and the datamaster collaborations. Any suggestions would be greatly appreciated

Thanks for your advice about the communication, I have done all of that with him and so has my husband - I just chose a bad lawyer who tells me continuously "it's not a big deal". Okay, the in car video was requested on March 24th and he still hasn't received it. Let me give you a little more of the story, the officers said they pulled me over because they received 2 phone calls about my driving, they marked weaving, straddling and drifing for cause of stop however, I had three customers with me and my passenger blew a .000 and drove my vehicle away, he say's my driving was fine. I also only had 3 beers over 4 hours and have GERD. My lawyer says that GERD is not a defense. I feel they should at least have to provide the video, but my lawyer is saying more than likely they have destroyed it, but keeps requesting it.

Attorney Answers 3


  1. I encourage you to ask your attorney for a personal meeting. You may find out that more has happened then you are aware of. Nine times out of ten, if you talk it through, you will get things worked out with one another. I wish you the best of luck.


  2. I agree with the previous answer and have also found that a candid face-to-face meeting between attorney and client is usually all that's needed to get both parties on the same page. If you are still dissatisfied after such a meeting, or cannot get one arranged, you are always free to seek a second opinion from another lawyer. Two extremely well qualified DUI defense lawyers in Michigan are Patrick Barone and William Maze. You may search for them online via Google or www.ncdd.com where you can also find many attorneys who have a strong focus on DUI defense in Michigan.

    Best of luck.


  3. To add to the really good advice you have already recieved,as the famous line recalls"what we have here is a failure to communiate" which may be the case here. Sometimes the only way to communicate with your lawyer is an office meeting with nothing to distract either one of you.Most attorney/client questions can be resolved to your satisfaction.Please call your lawyer today.

    Victor Carmody
    781 Liberty Rd.
    Flowood Mississippi 39232
    www.mississippidui.com
    601-948-4444

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